The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
Enquiry
Re: LTC Supplementary Consultation 2020 – Coronavirus Measures I fully understand the need for H.E. to Cancel LTC Consultation Public Information Events following Government Advice. However I strongly oppose your decision to go ahead with the Consultation Response deadline as scheduled. I believe this is unfair and does not provide equal opportunity for the public to ensure that they are fully aware of all the implications and impacts of the LTC not only when it is completed, but during the Construction period which is currently estimated to be a minimum of 5 years. Every resident and road user alike should be entitled to personally access all the information available, very importantly including Large Scale Maps, and to obtain immediate answers to any resulting questions before completing the Consultation Response Forms. I believe it is the duty of Highways England to accept the consequences of the Coronavirus in relation to this Supplementary Consultation and Postpone the Consultation and the current Response deadline. I also believe that H.E. should Reschedule all the Public Information Events when it is safe to do so in fairness to the general public. These Events should also be more widely publicized via National and Local: Television, Radio and Newspapers as there is still a large percentage of the population who do not have access to the internet. The Coronavirus has had a worrying affect on many and it is highly likely that the attendance of the Events that went ahead would reflect this. Yours sincerely, Mrs. J.S. Thacker
Advice given
Dear Mrs Thacker Thank you for your email expressing concerns about the adequacy of the Applicant’s Pre-application consultation in the current unprecedented public health situation. Please accept my apology for the late response. The Planning Inspectorate does not have power to intervene in an applicant’s pre-application programme. The process for applying for a Development Consent Order (DCO) is set out in the Planning Act 2008. The timing of the application is at the discretion of the Applicant. As you have concerns about the Applicant’s pre-application consultation you should contact the Applicant in the first instance to enable them to address the issues. If you have contacted the Applicant but you are not satisfied that the Applicant has, or will, take account of your comments you can make your comments to the relevant local authority. The local authorities can consider your comments as part of their Adequacy of Consultation Representation submission to the Planning Inspectorate (on behalf of the Secretary of State) at the Application Stage of the process. The Planning Inspectorate will consider any adequacy of consultation representations received from the relevant local authorities when deciding whether or not to accept the application, as required under section 55(4)(b) of the Planning Act 2008 (as amended). It is therefore important to ensure the local authorities are informed of your concerns. Further information about Community Consultation can be found here: attachment 1 As you are aware the proposed application by Highways England is at the Pre-application stage of the Planning Act 2008 process. The Planning Inspectorate is unable to consider representations about the merits of any application until it is accepted for Examination. Further information about the process can be found in the link below to the National Infrastructure Planning website: attachment 2 Should the application be accepted then the application and all the supporting documentation will be published on the project page of the National Infrastructure Planning website: attachment 3 The ‘Registration and Relevant Representation form’ will be made available here during the Pre-examination stage and all parties will have an opportunity to outline their views about the project. The appointed Examining Authority will then use these to carry out an initial assessment of principal issues. Further information about registering as an Interested Party can be found in the Planning Inspectorate’s ‘Advice Note 8.2: How to register to participate in an Examination’: attachment 4 With regard to the current Coronavirus (COVID-19) situation, please refer to the Planning Inspectorate’s published guidance which will be updated as the situation develops. attachment 5 I hope you find the above information helpful. Kind regards